15S41. Misbranding' of blackberry jam, strawberry jam, raspberry jam,'?
and lemon surprise, and alleged adulteration of blackberry jam,?
strawberry jam, and raspberry jam. U. S. v. 10 Cases of Black??
berry Jam, et al. Consent decree of condemnation and for??
feiture. Products released under bond. (F. & D. No. 22783. I. S.?
Nos. 25443-x to 25446-x, incl.    S. No. 810.)
On May 17, 1928, the United States attorney for the Northern District of?
Illinois, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying seizure and?
condemnation of 10 cases of blackberry jam, 4 cases of lemon surprise, 35 cases?
of strawberry jam, and 100 cases of raspberry jam at Forest Park, 111., alleging?
that the articles had been shipped by the Curtis Corporation, from Long' Beach,?
Calif., February 2, 1928, and transported from the State of California into the?
State of Illinois, and charging adulteration and misbranding in violation of the?
food and drugs act as amended. The articles were labeled in part: " Royal?
Delite Brand Blackberry Jam (or "Strawberry Jam" or "Raspberry Jam"?
or "Lemon Surprise") Net Contents 3 pounds, Royal Preserving Co., South?
Pasadena, California."
It was alleged in the libel that the articles were misbranded in that the state??
ment on the labels, " Net Contents 3 Pounds," was false and misleading and?
deceived the purchaser. Misbranding- was alleged for the further reason that?
the articles were food in package form and the quantity of the contents was not?
plainly and conspicuously marked on the outside of the packages in terms of?
weight or measure.
Adulteration was alleged with respect to the blackberry jam, strawberry?
jam, and raspberry jam for the reason that a substance, pectin and citric acid,?
had been mixed and packed therewith so as to reduce and lower and injuriously?
affect its quality and strength and had been substituted in part for the said?
articles.
On June 29, 1928, the Royal Preserving Co., South Pasadena, Calif., claimant,?
having admitted the allegations of the libel and having consented to the entry?
of a decree, judgment was entered finding the products misbranded in that the?
statements, " Net Contents 3 Pounds," were false and misleading and deceived?
and misled the purchaser in that the articles were in package form and the?
quantity of the contents was not clearly and conspicuously marked on the out??
side of the package, and in that the statements, " Strawberry Jam," " Black??
berry Jam," and " Raspberry Jam," were false and misleading and deceived and?
misled the purchaser when applied to jams containing added pectin and fruit
436	
FOOD AND  DRUGS ACT	
[N. J., P. D.
acid. A decree of condemnation and forfeiture was entered, and it was ordered?
by the court that the products be released to the said claimant upon payment?
of the costs of the proceedings and the execution of a bond in the sum of?
$1,000, conditioned in part that they be relabeled under the supervision of this?
department, as follows: " Net Contents 2 Pounds 14 Ounces," and that the?
blackberry jam, strawberry jam, and raspberry jam be labeled, "Containing?
Added Pectin and Added Fruit Acid."
ARTHUR M. HYDE, Secretary of Agriculture.